Kcp Infra Limited v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.4947 of 2025 KCP Infra Limited Represented by its Director, K.Muthukumaraswamy No.4, Ground Floor, Alayam Space, Anandha Road, Alwarpet, Chennai-600 018.
... Petitioner Vs.
1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
2. The Chief Accounts Officer(Head Quarters) Accounts Central Cell, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
... Respondents PRAYER: This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to dispose of the representation made by the petitioner on 28.09.2024 and served on the respondents on 04.10.2024 in which a request has been raised by the petitioner to release and pay the withheld/Retention money and also the security deposit which as on date is pending to the tune of Rs.131.35 lakh towards withheld amount 1/5
and Rs.27 lakh towards security deposit towards the works completed by the petitioner, within a reasonable time as fixed by this Court. For Petitioner :
M/s.Ganesh and Ganesh For Respondents 1 & 2 :
Mr.A.C.Manibharathy, Standing Counsel
O R D E R
This Writ Petition has been filed to direct the respondents to dispose of the representation made by the petitioner on 28.09.2024 and served on the respondents on 04.10.2024 in which a request has been raised by the petitioner to release and pay the withheld/Retention money and also the security deposit which as on date is pending to the tune of Rs.131.35 lakh towards withheld amount and Rs.27 lakh towards security deposit towards the works completed by the petitioner, within a reasonable time as fixed by this Court.
2. The learned Standing Counsel appearing for the for the respondents/Chennai Corporation has filed counter affidavit dated 28.03.2025, wherein it is stated that the respondents/corporation has already taken steps to settle the amount to the petitioner and same is under process 2/5
for which four weeks time is required by the Corporation. The above statement of the counter affidavit is recorded.
3. Heard both sides and perused the materials available on records.
4. Taking into the facts and circumstances of the case, the first respondent is directed to release and pay the withheld/Retention money and also the security deposit which as on date is pending to the tune of Rs.131.35 lakh towards withheld amount and Rs.27 lakh towards security deposit towards the works completed by the petitioner and the same has to be settled within a period of four weeks from the date of receipt of a copy of this Order.
5. Writ Petition is disposed of with the above directions. No costs.
6. Post the matter on 05.06.2025 '' for reporting compliance''. 01.04.2025 Vv To:
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1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
2. The Chief Accounts Officer(Head Quarters) Accounts Central Cell, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
J. SATHYA NARAYANA PRASAD, J.
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